List of Restrictions
Neither the Website nor any element thereof, including, without limitation, text, graphics, images, or other materials, may be copied, repurposed, uploaded, posted, transmitted, or redistributed, except that you may download one copy of such materials to your individual computer solely for your personal, non-commercial use only (which also excludes any use by any governmental, educational, charitable, or other institutional use that is not strictly a personal use by you), provided that all copyright and other proprietary notices appearing on such materials are strictly preserved without any alteration, modification, or obfuscation. With respect to any software downloaded by you from the Website, such software, and all elements thereof, are licensed to you by Volkswagen of America, Inc. for your personal use only. You may not modify or prepare derivative works based upon the Website, or any element thereof, and you may not redistribute, sell, decompile, reverse engineer, disassemble, or otherwise attempt to access the source code to any software downloaded from the Website.
Scope of Content
The products and programs mentioned on the Website are subject to availability. All prices shown are the U.S. Manufacturer’s Suggested Retail Price (“MSRP”) and do not include extra costs, such as, but not limited to, taxes, dealer charges, registration, and transportation. For specific product availability and program information, please visit your local authorized Volkswagen dealer.
Reservation of Rights
All rights, titles, and interests in and to this Website are owned by Volkswagen of America, Inc. The Website is protected by United States copyright law and international treaty provisions, including, without limitation, the Berne Convention. All trademarks, service marks, and trade names are proprietary to Volkswagen of America, Inc. In particular, the Volkswagen logo, the word “Volkswagen,” all Volkswagen vehicle names, and the Volkswagen advertising slogan are registered trademarks. None of the items mentioned herein may be used without the express written consent of Volkswagen of America, Inc. All rights not expressly licensed hereunder are reserved by Volkswagen of America, Inc.
The Website and all elements thereof are provided on an “as is” basis without warranty of any kind, express or implied. Volkswagen of America, Inc. makes no representations about the suitability of the information, software, products, and services contained on the Website for any purpose Volkswagen of America, Inc. disclaims all warranties, express or implied, including, without limitation, implied warranties of merchantability, fitness for a particular purpose, or non-infringement. Volkswagen of America, Inc. does not warrant that the Website will operate or perform in a manner that is uninterrupted or error-free, or that the Website or host server will be maintained free of viruses or other harmful code. Volkswagen of America, Inc. makes no warranties that the information presented on the Website is current, up-to-date, or accurate. Some states and jurisdictions do not allow limitations on implied warranties, so the above limitation may not apply to you. The foregoing shall be enforceable to the maximum extent permitted by applicable law.
Under no circumstance and regardless of legal theory, whether in tort, contract, or otherwise, will Volkswagen of America, Inc. be liable to you or any other party for an indirect, special, incidental, reliance, or consequential damages, however caused and regardless of character, including, without limitation, any damages relating to lost data, computer failure or malfunctioning, or otherwise. Some states and jurisdictions do not allow the limitation of liability for consequential or indirect damages, so the foregoing limitation may not apply to you. The foregoing shall be enforceable to the maximum extent permitted by applicable law. You agree to this allocation of risk in relation to your use of the Website.
Zip Code Detection
You acknowledge and consent to the Website collecting your IP address via IP sniffing and mapping your IP address to a Zip code through a third-party database.
Links to Third Parties’ Websites
This Website may contain hyperlinks, which links you to other documents or Websites that are operated by third parties other than Volkswagen of America, Inc. Such hyperlinks are provided solely for your reference. Volkswagen of America, Inc. does not control such websites and is not responsible for their contents. Volkswagen of America, Inc.’s inclusion of hyperlinks to such websites does not imply any endorsement of the material on such websites or any association with their operators. Accordingly, you agree to hold harmless Volkswagen of America, Inc., its parent, subsidiaries and affiliates, and the shareholders, officers, directors, employees, and agents of any of them against and from and against any and all claims, demands, judgments, costs, liabilities, expenses (including attorneys’ fees), and damages arising out of claims resulting from hyperlinking, including, without limitation, any claims alleging facts that if true would constitute a breach by you of these terms of service.
Limit to Users Modification of These Terms of Service
This Website is presented by Volkswagen of America, Inc. from within the United States, and Volkswagen of America, Inc. makes no representation that materials in the Website are appropriate or available for use in locations outside the United States or Canada. Neither the Website, nor any underlying information or technology, may be downloaded or otherwise exported or re-exported into, or to a national or resident of, any country to which the United States has embargoed goods (for example, Cuba, Iran, Iraq) or to anyone on the U.S. Treasury Department’s list of Specially Designated Nations or the U.S. Commerce Department’s Table of Denial Orders. By downloading or using any element of the Website, you are agreeing to the foregoing and you are certifying that you are not located in, under the control of, or a national or resident of any such country or on any such list. In addition, you are responsible for complying with any and all local laws in your jurisdiction that may impact your right to use the Website.
General Terms of Service
This Agreement shall be deemed to include all other notices, policies, disclaimers, and other terms contained in this Website; provided, however, that in the event of a conflict between such other terms and the terms of this Agreement, the terms of this Agreement shall control.
This Agreement shall be deemed to have been made in the Commonwealth of Virginia, U.S.A. and shall be interpreted, and the rights and liabilities of the parties hereto determined in accordance with the law of the Commonwealth of Virginia, U.S.A., without regard to conflicts of law principles. The parties consent to the exclusive jurisdiction of the state and federal courts for the County of Fairfax, Virginia, U.S.A. for the determination of any claim or controversy between the parties and arising out of or relating to this Agreement. Both parties hereby consent to the jurisdiction of the Michigan courts and waive any objections as to personal jurisdiction or as to the laying of venue in such courts due to inconvenient forum or any other basis.
You acknowledge that no joint venture, partnership, employment, or agency relationship exists between you and Volkswagen of America, Inc. as a result of this Agreement or use of this Website. You agree not to hold yourself out as a representative, agent, or employee of Volkswagen of America, Inc. and Volkswagen of America, Inc. shall not be liable for any representation, act, or omission made by you.
Volkswagen of America, Inc.’s performance of this Agreement is subject to existing laws and legal process, and nothing contained in this Agreement is in derogation of Volkswagen of America, Inc.’s right to comply with law enforcement requests or requirements relating to your use of this Website or information provided to or gathered by Volkswagen of America, Inc. with respect to such use.
If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law, including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Agreement shall continue in effect.
This Agreement constitutes the entire agreement between you as a user of the Website and Volkswagen of America, Inc. with respect to this Website and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between you and Volkswagen of America, Inc. with respect to this Website. A printed version of this Agreement and of any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
As a condition of use of this Website, you agree to indemnify Volkswagen of America, Inc., its parent, subsidiaries and affiliates, and the shareholders, officers, directors, employees, and agents of any of them against and from and against any and all claims, demands, judgments, costs, liabilities, expenses (including attorneys’ fees), and damages arising out of claims resulting from your use of this Website, including, without limitation, any claims alleging facts that if true would constitute a breach by you of these terms of service.
Airbags are supplemental restraints only and will not deploy under all accident circumstances. Always use safety belts, and seat children only in the rear, using restraints that are appropriate for their size and age.
Claims of Copyright Violations and Agent for Notice
The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe that your work has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, please provide our Copyright Agent with the following information:
- an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
- a description of the copyrighted work or other intellectual property that you claim has been infringed;
- a description of where the material that you claim is infringing is located (e.g., URL), with enough detail that we may find it;
- your address, telephone number, and email address;
- a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law;
- a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.
Any notification by a copyright owner or a person authorized to act on its behalf that fails to comply with requirements of the DMCA shall not be considered sufficient notice and shall not be deemed to confer upon us actual knowledge of facts or circumstances from which infringing material or acts are evident.
We suggest that you consult your legal advisor before filing a notice with our copyright agent. You should be aware that there can be penalties for false claims under the DMCA.
Our Agent for notice of claims of copyright or other intellectual property infringement can be reached as follows:
Please note that, due to security concerns, attachments cannot be accepted. Accordingly, any notification of infringement submitted electronically with an attachment will not be received or processed.